Congress is considering a bill that could outlaw a better mousetrap.
August 9, 2026
Written by Dr. Scott Rowley
If a bill in Congress passes, it will remove protections for North Atlantic right whales. More specifically, for the next 9 years it will prevent any new regulations intended to protect our whales from “incidental take” connected to commercial fishing.
There are fewer than 400 North Atlantic right whales in existence. In the summer, they eat tiny zooplankton in the waters off New England and Canada. In the winter, the pregnant whales swim to the waters off Amelia Island to give birth. Along the way, they have to avoid about one million lobster trap lines. 85% of these whales have been entangled at least once, often multiple times. Buoy line entanglements are the leading cause of death for these whales.
The Marine Mammal Protection Act (MMPA) enacted in 1972 requires the protection of all marine mammals from any incidental “take” (e.g., death, serious injury) from human activities such as commercial fishing. Numerous regulations developed under the MMPA since 1972 address specific species, human activities, or ocean regions. For example, regulations to protect dolphins “taken” during tuna fishing successfully reduced the dolphin death rate (e.g., “dolphin-safe” tuna).
In 1997, National Marine Fisheries Service (NMFS) and National Oceanic and Atmospheric Administration (NOAA) instituted the Atlantic Large Whale Take Reduction Plan. These regulations addressed use of gillnets, marking of gear in some regions of the Northeast, and seasonal fishing restrictions in certain whale habitats when large whales were more likely to be present. The plan is intended to evolve as we learn more about why whales become entangled and how fishing practices might be modified to reduce the risk of entanglement.
In 2021 in response to a major increase in whale deaths occurring over the previous several years, amendments to the Atlantic Large Whale Take Reduction Plan were enacted. These regulations included:
- Changing fishing techniques in use by commercial fishermen to reduce the number of buoy lines,
- Promoting development of “on demand” traps that do not require a floating buoy,
- Adjusting restricted areas in which whales congregated and fishing would not be allowed,
- Requiring gear marking in all New England waters to identify areas in which right whales become entangled.
These new regulations, and similar regulations instituted by Canada, reduced but did not eliminate the excess deaths occurring from line entrapment.
But, led by representatives from Maine, Congress in 2022 enacted a law that established a moratorium on any new regulations to be enacted before the end of 2028, even if new ideas or techniques to protect the right whale were developed during this period.
Representatives Jared Golden (ME-2) and Mike Lawler (NY-17) are co-sponsoring H.R. 9436, the “Northeast Lobsterman Protection Act”, which would extend this moratorium on new regulations an additional seven years from 2028 to 2035. This moratorium would preclude regulatory adoption of the new techniques that are being developed by many businesses involved in fishing and other maritime activities. H.R. 9436 gives no rationale to justify the extension of the moratorium, nor why the 2035 date is specified. This amendment is in clear conflict with the requirement of the Marine Mammal Protection Act that the right whale and other marine mammals be protected from harm or death by human activities.
The North Atlantic right whale is critically close to extinction. Modernizing fishing techniques will greatly reduce the risk to the right whales and should be encouraged, not outlawed. We ask that you contact Representative Bean and Senators Scott and Moody asking that they vote no on HR 9436.
Save our right whales…before they go extinct.
Contact your representatives
To contact Representative Bean: https://bean.house.gov/address_authentication?form=/contact
To contact Senator Moody: https://www.moody.senate.gov/contact-us/
To contact Senator Scott: https://www.rickscott.senate.gov/contact/share-your-opinion
Gear removed from North Atlantic right whale “Division” (#5217) laid out at NOAA Fisheries’ Greater Atlantic Regional Fisheries Office in Gloucester, Massachusetts, on January 14, 2026. Credit: Fisheries and Oceans Canada/Ed Trippel.
Response to NOAA’s Request for comment about the Vessel Speed Rule
May 13, 2026
By Dr. Scott Rowley
Deadline to submit is June 2, 2026
Re: Federal Register 91, 42, March 4, 2026 Docket No. 260227-0058
INSTRUCTIONS TO SUBMIT YOUR RESPONSE
1. Visit https://www.regulations.gov and
2. Enter NOAA–NMFS–2026–0364 in the search for dockets and documents box.
3. Click the ‘‘Comment’’ icon
4. You may copy and paste the paragraphs below into the comment box, or write your own comment.
5. You may enter your email if you would like acknowledgement that your comment has been received. You must check the box to opt into receiving an acknowledgement.
SAMPLE COMMENT…
The North Atlantic Right Whale (NARW) is a critically endangered species, close to extinction, as a direct result of human activities. Fishing line entanglements and vessel strikes are the primary causes of deaths for both adult whales and calves. The current speed rules that apply to larger vessels within the defined Seasonal Management Areas are protecting the NARWs to a modest extent, but vessel strikes and whale deaths still occur. Even the loss of a single whale increases the probability of extinction.
There is no ship-board technology currently existing that is effective in detecting NARWs before a collision occurs. Only the speed rule offers any degree of protection. I am writing not only in support of continuing the use of the current speed rules, but also in support of strengthening the rule by including vessels between 45 ft and 65 ft in length and modernization of the Seasonal Management Area concept. This concept, which dates back to 2008, should be modernized using any available detection technologies (visual, acoustic) to establish mandatory dynamic management areas when groups of whales are found along our coast.
MORE DETAILS
6. You may remain anonymous. Click “an individual” and enter your name and address into the available fields if you do not wish to remain anonymous.
You will see the following statement that refers to placing your name into the actual comment section. If you were to do so, anyone would see this identifying information. Do not add your name into the comment box!
Note: All comments received are a part of the public record and will generally be posted for public viewing on https:// www.regulations.gov without change.
All personal identifying information (e.g., name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous).
Thank you for helping save the whales!
February 2026 ~ Proposals to change the Endangered Species Act and the Marine Mammal Protection Act
Our Whales Continue to be at Risk of Extinction. Congress and federal regulators are considering a suite of proposals that could significantly weaken the whale protections currently existing under the Marine Mammal Protection Act and the Endangered Species Act. These changes will:
- reduce key protections for these critically at-risk species and their habitats,
- give regulators less power to prevent harm
- place more emphasis on business profits than on scientific evidence when making conservation decisions.
How You Can Help
Please take 5 minutes today to call your U.S. Representative and Senators.
- When you call, expect a voice recording. A simple message you can leave:
“Hello, my name is ___ and I live at _____. I am calling to urge Representative/Senator ___ to oppose any changes that weaken the Marine Mammal Protection Act or the Endangered Species Act.
We need stronger protections for endangered species — not weaker ones.
Please stand up for our whales, and vote no on any effort that reduces these protections. Thank you.”
- What is the result?
Congressional staff members tally every call, card or email from the representative’s constituents. Your voice truly matters. Hopefully, your call will help preserve the protections currently in effect.
Thank you for speaking up for whales 🐋
Here is the Fernandina/Jacksonville phone list. (Outside of Florida District 4, just google the US Representative for your zip code). You may call either the Washington or local office. Please call all three.
Representative Aaron Bean: Washington DC office: (202) 225-0123
Fernandina office: (904) 557-9550
Senator Rick Scott: Washington DC office: (202) 224-5274
Jacksonville office: (904) 479-7227
Senator Ashley Moody: Washington DC office: (202) 224-3041
Jacksonville office: (904) 354-4300
Re: Federal Register 91, 42, March 4, 2026 Docket No. 260227-0058
INSTRUCTIONS TO SUBMIT YOUR RESPONSE
1. Visit https://www.regulations.gov and
2. Enter NOAA–NMFS–2026–0364 in the search for dockets and documents box.
3. Click the ‘‘Comment’’ icon
4. You may copy and paste the paragraphs below into the comment box, or write your own
comment.
5. You may enter your email if you would like acknowledgement that your comment has
been received. You must check the box to opt into receiving an acknowledgement.
SAMPLE COMMENT…
The North Atlantic Right Whale (NARW) is a critically endangered species, close to extinction, as
a direct result of human activities. Fishing line entanglements and vessel strikes are the
primary causes of deaths for both adult whales and calves.
The current speed rules that apply to larger vessels within the defined Seasonal Management
Areas are protecting the NARWs to a modest extent, but vessel strikes and whale deaths still
occur. Even the loss of a single whale increases the probability of extinction.
There is no ship-board technology currently existing that is effective in detecting NARWs before
a collision occurs. Only the speed rule offers any degree of protection.
I am writing not only in support of continuing the use of the current speed rules, but also in
support of strengthening the rule by including vessels between 45 ft and 65 ft in length and
modernization of the Seasonal Management Area concept. This concept, which dates back to
2008, should be modernized using any available detection technologies (visual, acoustic) to
establish mandatory dynamic management areas when groups of whales are found along our
coast.
MORE DETAILS
6. You may remain anonymous. Click “an individual” and enter your name and address
into the available fields if you do not wish to remain anonymous.
You will see the following statement that refers to placing your name into the actual comment
section. If you were to do so, anyone would see this identifying information. Do not add your
name into the comment box!
Note: All comments received are a part of the public record and will generally be posted
for public viewing on https:// www.regulations.gov without change.
All personal identifying information (e.g., name, address), confidential business
information, or otherwise sensitive information submitted voluntarily by the sender will be
publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required
fields if you wish to remain
anonymous).
Thank you for helping save the whales!
March 2026 ~ NOAA has been asked to deregulate the 18-year Vessel Speed Rule that protects critically endangered North Atlantic right whales from deadly ship strikes. Every individual can comment on this and your voice will be heard.
Google NOAA 2026-0364-0001
or Comment portal here: http://www.regulations.gov/comme…/NOAA-NMFS-2026-0364-0001
- Your comment can be as simple or as detailed as you like.
- Include wording like…
~ Please ensure responsible conservation practices for endangered North Atlantic right whales.
~ Technology is not yet ready to take over the job of slowing down, per the Mitre Corporation Report
~ At this time, vessel speed limits are the only way to prevent vessel strike deaths.
~ Add your thoughts….example ~ “Save our baby right whales…”
~ Thank you for Speaking Up for Whales!